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temporary cessation. While this relief is important under all scenarios,it would be essential <br /> if the Board continues the hearing on Cotter's Notice until the appeal docketed at <br /> 2018CA 1148 is finally resolved by the Colorado Court of Appeals and Colorado Supreme <br /> Court. Cotter should not lose the benefit of the full five-year period of temporary cessation <br /> while the Federal injunction barred mining, and the Colorado appellate courts and this Board <br /> deliberate on the meaning of the MLRA and this Board's rules governing temporary <br /> cessation. This relief is authorized under the Board's broad equitable powers under Hard <br /> Rock/Metal Mining Rules 1.13.6(2) and 1.13.8(2), and the doctrine of equitable tolling. See <br /> Shell Western E&P, Inc. v. Dolores County Bd. Of'Conin2'rs, 948 P.2d 1002, 1007 (Colo. <br /> 1997) (equity may require the tolling of a statutory period where "flexibility is required to <br /> accomplish the goals of justice"). <br /> If you have further questions regarding this submittal,please contact me at (858)455-3275. <br /> Respectfully, <br /> Kenneth J. Mushinski <br /> President <br /> 5 <br />